Florida Senate - 2017 SB 242 By Senator Rouson 19-00422-17 2017242__ 1 A bill to be entitled 2 An act relating to presidential elections; 3 establishing the Agreement Among the States to Elect 4 the President by National Popular Vote; defining 5 terms; providing a method by which any state may 6 become a member state; requiring a statewide popular 7 election for President and Vice President of the 8 United States; establishing a procedure for appointing 9 presidential electors in member states; providing that 10 the agreement becomes effective upon the occurrence of 11 specified actions; providing for the withdrawal of a 12 member state; specifying circumstances under which 13 certain notification be provided to a member state; 14 providing for severability; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. The Agreement Among the States to Elect the 20 President by National Popular Vote.—The Agreement Among the 21 States to Elect the President by National Popular Vote is 22 enacted into law and entered into by this state with all states 23 legally joining therein in the form substantially as follows: 24 25 Article I 26 DEFINITIONS.—For purposes of this agreement: 27 (1) “Chief election official” means the state official or 28 body authorized to certify the total number of popular votes for 29 each presidential slate. 30 (2) “Chief executive” means the Governor of a state of the 31 United States or the Mayor of the District of Columbia. 32 (3) “Elector slate” means a slate of candidates who have 33 been nominated in a state for the position of presidential 34 elector in association with a presidential slate. 35 (4) “Presidential elector” means an elector for President 36 and Vice President of the United States. 37 (5) “Presidential elector certifying official” means the 38 state official or body authorized to certify the appointment of 39 the state’s presidential electors. 40 (6) “Presidential slate” means a slate of two persons, the 41 first of whom has been nominated as a candidate for President of 42 the United States and the second of whom has been nominated as a 43 candidate for Vice President of the United States, or any legal 44 successors to such persons, regardless of whether both names 45 appear on the ballot presented to the voters in a particular 46 state. 47 (7) “State” means a state of the United States or the 48 District of Columbia. 49 (8) “Statewide popular election” means a general election 50 in which votes are cast for presidential slates by individual 51 voters and counted on a statewide basis. 52 53 Article II 54 MEMBERSHIP.—Any state may become a member of the league of 55 states officially supporting this agreement by enacting this 56 agreement. 57 58 Article III 59 RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE 60 PRESIDENT AND THE VICE PRESIDENT.—Each member state shall 61 conduct a statewide popular election for President and Vice 62 President of the United States. 63 64 Article IV 65 MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER 66 STATES.— 67 (1) Before the time set by law for the meeting of and 68 voting by the presidential electors, the chief election official 69 of each member state shall determine the number of votes cast in 70 a statewide popular election for each presidential slate in each 71 state and shall add the total number of votes from each state to 72 produce a national popular vote total for each presidential 73 slate. 74 (2) The chief election official of each member state shall 75 designate the presidential slate having the largest national 76 popular vote total as the national popular vote winner. 77 (3) The presidential elector certifying official of each 78 member state shall certify the appointment in that official’s 79 respective state of the elector slate nominated in that state in 80 association with the national popular vote winner. 81 (4) At least 6 days before the day established by law for 82 the meeting of and voting by the presidential electors, each 83 member state shall make a final determination of the number of 84 popular votes cast in the state for each presidential slate and 85 shall communicate an official statement of such determination 86 within 24 hours to the chief election official of each other 87 member state. 88 (5) The chief election official of each member state shall 89 treat as conclusive an official statement containing the number 90 of popular votes in a state for each presidential slate made by 91 the day established by federal law for making a state’s final 92 determination conclusive as to the counting of electoral votes 93 by Congress. 94 (6) If the election results in a tie for the national 95 popular vote winner, the presidential elector certifying 96 official of each member state shall certify the appointment of 97 the elector slate nominated in association with the presidential 98 slate receiving the largest number of popular votes within that 99 official’s respective state. 100 (7) If, for any reason, the number of presidential electors 101 nominated in a member state in association with the national 102 popular vote winner is fewer than or greater than that state’s 103 number of electoral votes, the presidential candidate on the 104 presidential slate who has been designated as the national 105 popular vote winner may nominate the presidential electors for 106 that state, and that state’s presidential elector certifying 107 official shall certify the appointment of such nominees. 108 (8) The chief election official of each member state shall 109 immediately release to the public all vote counts or statements 110 of votes as they are determined or obtained. 111 (9) This article shall govern the appointment of 112 presidential electors in each member state in any year in which 113 this agreement is, on July 20, in effect in states cumulatively 114 possessing a majority of the electoral votes. 115 116 Article V 117 OTHER PROVISIONS.— 118 (1) This agreement shall take effect when states 119 cumulatively possessing a majority of the electoral votes have 120 enacted this agreement in substantially the same form and the 121 enactments by such states have taken effect in each state. 122 (2) Any member state may withdraw from this agreement, 123 except that a withdrawal occurring 6 months or less before the 124 end of a President’s term does not become effective until a 125 President or Vice President has been qualified to serve the next 126 term. 127 (3) The chief executive of each member state shall promptly 128 notify the chief executive of all other states when this 129 agreement has been enacted and has taken effect in that 130 official’s state, or when the state has withdrawn from this 131 agreement. 132 (4) This agreement shall terminate if the electoral college 133 is abolished. 134 (5) If any provision of this agreement is held invalid, the 135 remaining provisions are not affected. 136 Section 2. This act shall take effect upon becoming a law.